As Passed by the House

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 162

Representatives Peterson, Latta, D. Evans, Hughes, Seitz, Yuko, Bubp, Buehrer, Carano, Cassell, Collier, Core, DeBose, Domenick, C. Evans, Flowers, Gilb, Hartnett, Key, Martin, McGregor, Otterman, T. Patton, Raussen, Reidelbach, Seaver, G. Smith, Williams 

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A BILL

To amend sections 2152.20, 2301.51, 2301.52, 2301.55,

1

2301.56, 2301.57, 2929.01, 2929.34, 2929.37,

2

2929.38, 5120.031, 5120.111, 5120.112, and

3

5149.34, to enact new section 2301.58, and to

4

repeal sections 2301.53, 2301.54, and 2301.58 of

5

the Revised Code to revise the law governing

6

community-based correctional facilities.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2152.20, 2301.51, 2301.52, 2301.55,	8
2301.56, 2301.57, 2929.01, 2929.34, 2929.37, 2929.38, 5120.031,	9
5120.111, 5120.112, and 5149.34 be amended and new section 2301.58	10
of the Revised Code be enacted to read as follows:	11

Sec. 2152.20.  (A) If a child is adjudicated a delinquent	12
child or a juvenile traffic offender, the court may order any of	13
the following dispositions, in addition to any other disposition	14
authorized or required by this chapter:	15

(1) Impose a fine in accordance with the following schedule:

16

(a) For an act that would be a minor misdemeanor or an	17
unclassified misdemeanor if committed by an adult, a fine not to	18
exceed fifty dollars;	19

(b) For an act that would be a misdemeanor of the fourth	20
degree if committed by an adult, a fine not to exceed one hundred	21
dollars;	22

(c) For an act that would be a misdemeanor of the third	23
degree if committed by an adult, a fine not to exceed one hundred	24
fifty dollars;	25

(d) For an act that would be a misdemeanor of the second	26
degree if committed by an adult, a fine not to exceed two hundred	27
dollars;	28

(e) For an act that would be a misdemeanor of the first	29
degree if committed by an adult, a fine not to exceed two hundred	30
fifty dollars;	31

(f) For an act that would be a felony of the fifth degree or	32
an unclassified felony if committed by an adult, a fine not to	33
exceed three hundred dollars;	34

(g) For an act that would be a felony of the fourth degree if	35
committed by an adult, a fine not to exceed four hundred dollars;	36

(h) For an act that would be a felony of the third degree if	37
committed by an adult, a fine not to exceed seven hundred fifty	38
dollars;	39

(i) For an act that would be a felony of the second degree if	40
committed by an adult, a fine not to exceed one thousand dollars;	41

(j) For an act that would be a felony of the first degree if	42
committed by an adult, a fine not to exceed one thousand five	43
hundred dollars;	44

(k) For an act that would be aggravated murder or murder if	45
committed by an adult, a fine not to exceed two thousand dollars.	46

(2) Require the child to pay costs;

47

(3) Unless the child's delinquent act or juvenile traffic	48
offense would be a minor misdemeanor if committed by an adult or	49
could be disposed of by the juvenile traffic violations bureau	50
serving the court under Traffic Rule 13.1 if the court has	51
established a juvenile traffic violations bureau, require the	52
child to make restitution to the victim of the child's delinquent	53
act or juvenile traffic offense or, if the victim is deceased, to	54
a survivor of the victim in an amount based upon the victim's	55
economic loss caused by or related to the delinquent act or	56
juvenile traffic offense. The court may not require a child to	57
make restitution pursuant to this division if the child's	58
delinquent act or juvenile traffic offense would be a minor	59
misdemeanor if committed by an adult or could be disposed of by	60
the juvenile traffic violations bureau serving the court under	61
Traffic Rule 13.1 if the court has established a juvenile traffic	62
violations bureau. If the court requires restitution under this	63
division, the restitution shall be made directly to the victim in	64
open court or to the probation department that serves the	65
jurisdiction or the clerk of courts on behalf of the victim.	66

If the court requires restitution under this division, the	67
restitution may be in the form of a cash reimbursement paid in a	68
lump sum or in installments, the performance of repair work to	69
restore any damaged property to its original condition, the	70
performance of a reasonable amount of labor for the victim or	71
survivor of the victim, the performance of community service work,	72
any other form of restitution devised by the court, or any	73
combination of the previously described forms of restitution.	74

If the court requires restitution under this division, the	75
court may base the restitution order on an amount recommended by	76
the victim or survivor of the victim, the delinquent child, the	77
juvenile traffic offender, a presentence investigation report,	78
estimates or receipts indicating the cost of repairing or	79
replacing property, and any other information, provided that the	80
amount the court orders as restitution shall not exceed the amount	81
of the economic loss suffered by the victim as a direct and	82
proximate result of the delinquent act or juvenile traffic	83
offense. If the court decides to order restitution under this	84
division and the amount of the restitution is disputed by the	85
victim or survivor or by the delinquent child or juvenile traffic	86
offender, the court shall hold a hearing on the restitution. If	87
the court requires restitution under this division, the court	88
shall determine, or order the determination of, the amount of	89
restitution to be paid by the delinquent child or juvenile traffic	90
offender. All restitution payments shall be credited against any	91
recovery of economic loss in a civil action brought by or on	92
behalf of the victim against the delinquent child or juvenile	93
traffic offender or the delinquent child's or juvenile traffic	94
offender's parent, guardian, or other custodian.	95

If the court requires restitution under this division, the	96
court may order that the delinquent child or juvenile traffic	97
offender pay a surcharge, in an amount not exceeding five per cent	98
of the amount of restitution otherwise ordered under this	99
division, to the entity responsible for collecting and processing	100
the restitution payments.	101

The victim or the survivor of the victim may request that the	102
prosecuting authority file a motion, or the delinquent child or	103
juvenile traffic offender may file a motion, for modification of	104
the payment terms of any restitution ordered under this division.	105
If the court grants the motion, it may modify the payment terms as	106
it determines appropriate.	107

(4) Require the child to reimburse any or all of the costs	108
incurred for services or sanctions provided or imposed, including,	109
but not limited to, the following:	110

(a) All or part of the costs of implementing any community	111
control imposed as a disposition under section 2152.19 of the	112
Revised Code, including a supervision fee;	113

(b) All or part of the costs of confinement in a residential	114
facility described in section 2152.19 of the Revised Code or in a	115
department of youth services institution, including, but not	116
limited to, a per diem fee for room and board, the costs of	117
medical and dental treatment provided, and the costs of repairing	118
property the delinquent child damaged while so confined. The	119
amount of reimbursement ordered for a child under this division	120
shall not exceed the total amount of reimbursement the child is	121
able to pay as determined at a hearing and shall not exceed the	122
actual cost of the confinement. The court may collect any	123
reimbursement ordered under this division. If the court does not	124
order reimbursement under this division, confinement costs may be	125
assessed pursuant to a repayment policy adopted under section	126
2929.37 of the Revised Code and division (D) of section 307.93,	127
division (A) of section 341.19, division (C) of section 341.23 or	128
753.16, division (C) of section 2301.56, or division (B) of	129
section 341.14, 753.02, 753.04, 2301.56, or 2947.19 of the Revised	130
Code.	131

(B)(1) If a child is adjudicated a delinquent child for	132
violating section 2923.32 of the Revised Code, the court shall	133
enter an order of criminal forfeiture against the child in	134
accordance with divisions (B)(3), (4), (5), and (6) and (C) to (F)	135
of section 2923.32 of the Revised Code.	136

(2) Sections 2925.41 to 2925.45 of the Revised Code apply to	137
children who are adjudicated or could be adjudicated by a juvenile	138
court to be delinquent children for an act that, if committed by	139
an adult, would be a felony drug abuse offense. Subject to	140
division (B) of section 2925.42 and division (E) of section	141
2925.43 of the Revised Code, a delinquent child of that nature	142
loses any right to the possession of, and forfeits to the state	143
any right, title, and interest that the delinquent child may have	144
in, property as defined in section 2925.41 of the Revised Code and	145
further described in section 2925.42 or 2925.43 of the Revised	146
Code.	147

(3) Sections 2923.44 to 2923.47 of the Revised Code apply to	148
children who are adjudicated or could be adjudicated by a juvenile	149
court to be delinquent children for an act in violation of section	150
2923.42 of the Revised Code. Subject to division (B) of section	151
2923.44 and division (E) of section 2923.45 of the Revised Code, a	152
delinquent child of that nature loses any right to the possession	153
of, and forfeits to the state any right, title, and interest that	154
the delinquent child may have in, property as defined in section	155
2923.41 of the Revised Code and further described in section	156
2923.44 or 2923.45 of the Revised Code.	157

(C) The court may hold a hearing if necessary to determine	158
whether a child is able to pay a sanction under this section.	159

(D) If a child who is adjudicated a delinquent child is	160
indigent, the court shall consider imposing a term of community	161
service under division (A) of section 2152.19 of the Revised Code	162
in lieu of imposing a financial sanction under this section. If a	163
child who is adjudicated a delinquent child is not indigent, the	164
court may impose a term of community service under that division	165
in lieu of, or in addition to, imposing a financial sanction under	166
this section. The court may order community service for an act	167
that if committed by an adult would be a minor misdemeanor.	168

If a child fails to pay a financial sanction imposed under	169
this section, the court may impose a term of community service in	170
lieu of the sanction.	171

(E) The clerk of the court, or another person authorized by	172
law or by the court to collect a financial sanction imposed under	173
this section, may do any of the following:	174

(1) Enter into contracts with one or more public agencies or	175
private vendors for the collection of the amounts due under the	176
financial sanction, which amounts may include interest from the	177
date of imposition of the financial sanction;	178

(2) Permit payment of all, or any portion of, the financial	179
sanction in installments, by credit or debit card, by another type	180
of electronic transfer, or by any other reasonable method, within	181
any period of time, and on any terms that the court considers	182
just, except that the maximum time permitted for payment shall not	183
exceed five years. The clerk may pay any fee associated with	184
processing an electronic transfer out of public money and may	185
charge the fee to the delinquent child.	186

(3) To defray administrative costs, charge a reasonable fee	187
to a child who elects a payment plan rather than a lump sum	188
payment of a financial sanction.	189

Sec. 2301.51.  (A)(1) The court of common pleas of anyAny	190
county that has a population of two hundred thousand or more may	191
is eligible to formulate a community-based correctional proposal	192
pursuant to this section that, upon implementation, would provide	193
a community-based correctional facility and program for the use of	194
that county's court of common pleas in accordance with sections	195
2301.51 to 2301.562301.58 of the Revised Code. Upon the approval	196
of the director of rehabilitation and correction, the court of	197
common pleas of anyAny county that has a population of two	198
hundred thousand or more mayis eligible to formulate more than	199
one community-based correctional proposal pursuant to this	200
section, upon approval of the director of rehabilitation and	201
correction. In determining whether to grant approval to a court to	202
formulate more than one proposal, the director shall consider the	203
rate at which the county served by the court commits felony	204
offenders to the state correctional system. If a courtcounty	205
formulates more than one proposal, each proposal shall be for a	206
separate community-based correctional facility and program.	207

For each community-based correctional proposal formulated	208
under this division, the fact that the proposal has been	209
formulated and the fact of any subsequent establishment of a	210
community-based correctional facility and program pursuant to the	211
proposal shall be entered upon the journal of the court. A	212
county's community-based correctional facilities and programs	213
shall be administered by a judicial corrections board. The	214
presiding judge of the court or, if the presiding judge is not a	215
judge of the general division of the court, the administrative	216
judge of the general division shall designate the members of the	217
board, who shall be judges of the court. The total number of	218
members of the board shall not exceed eleven. The judge who is	219
authorized to designate the members of the board shall serve as	220
chairperson of the board.	221

(2) The courts of common pleas of twoTwo or more adjoining	222
or neighboring counties that have an aggregate population of two	223
hundred thousand or more may form a judicial corrections board and	224
proceed to organize a district andare eligible to formulate a	225
district community-based correctional proposal pursuant to this	226
section that, upon implementation, would provide a district	227
community-based correctional facility and program for the use of	228
the memberthose counties' courts of common pleas in accordance	229
with sections 2301.51 to 2301.562301.58 of the Revised Code. Upon	230
the approval of the director of rehabilitation and correction, a	231
judicial corrections board mayTwo or more adjoining or	232
neighboring counties that have an aggregate population of two	233
hundred thousand or more are eligible to formulate more than one	234
district community-based correctional proposal upon approval of	235
the director of rehabilitation and correction. In determining	236
whether to grant approval to a judicial corrections board to	237
formulatefor more than one proposal, the director shall consider	238
the rate at which the counties that formed the board commit felony	239
offenders to the state correctional system. If a judicial	240
corrections board formulatestwo or more adjoining or neighboring	241
counties formulate more than one proposal, each proposal shall be	242
for a separate district community-based correctional facility and	243
program. The judicial corrections board shall consist of not more	244
than eleven judges of the member courts of common pleas, and each	245
member court shall be represented on the board by at least one	246
judge. The presiding judge of the court of common pleas of the	247
county with the greatest population or, if that presiding judge is	248
not a judge of the general division of that court, the	249
administrative judge of the general division of that court shall	250
serve as chairperson of the board. The fact of the formation of a	251
board and district, and, for each district community-based	252
correctional proposal formulated under this division, the fact	253
that the proposal has been formulated and the fact of any	254
subsequent establishment of a district community-based	255
correctional facility and program shall be entered upon the	256
journal of each member court of common pleas.	257

(3) The formulation of a proposal for a community-based	258
correctional facility or a district community-based correctional	259
facility shall begin by the establishment of a judicial advisory	260
board by judgment entry. The judicial advisory board shall consist	261
of not less than three judges. Each general division judge of the	262
court of common pleas in the county or counties wishing to	263
formulate a proposal or to continue operation of an existing	264
facility is eligible to become a member of the judicial advisory	265
board but is not required to do so. In addition, a judicial	266
advisory board may invite a non-general division judge of a court	267
of common pleas from within the county or counties proposing the	268
creation of a community-based correctional facility or district	269
community-based correctional facility or a general division judge	270
of a court of common pleas from outside the county or counties	271
proposing the creation of a community-based correctional facility	272
or district community-based correctional facility who regularly	273
sends offenders to its facility to become a member of that	274
judicial advisory board. A judge shall not receive any additional	275
compensation for service on a judicial advisory board, but a judge	276
may be reimbursed for reasonable and necessary expenses incurred	277
as a result of service on the board. Service of a judge on a	278
judicial advisory board pursuant to this section is a judicial	279
function. The judicial advisory board shall meet at least once a	280
year to make necessary appointments of members to the facility	281
governing board as described in division (A)(4) of this section	282
and to provide advice to the facility governing board regarding	283
the public safety needs of the community, admission criteria for	284
any community-based correctional facility or program or district	285
community-based correctional facility or program, and the general	286
requirements of the community-based correctional facility or	287
program or district community-based correctional facility or	288
program. The judicial advisory board may meet as often as	289
considered necessary by its members, may communicate directly with	290
the division of parole and community services, and may provide	291
advice to the facility governing board specifically regarding the	292
agreement entered into between the facility governing board and	293
the division of parole and community services pursuant to section	294
5120.112 of the Revised Code.	295

(4)(a) A facility governing board shall formulate the	296
proposal for a community-based correctional facility and program	297
or a district community-based correctional facility and program	298
and shall govern the facility. A facility governing board shall	299
consist of at least six members, each member serving a three-year	300
term. The judicial advisory board shall appoint two-thirds of the	301
members, and the board or boards of county commissioners of the	302
member counties shall appoint the remaining one-third, or portion	303
thereof, of the members. If a facility governing board is	304
responsible for a district community-based correctional facility,	305
not more than one-half of the members shall be from any one	306
county. Of the initial appointments, one-third of the members	307
shall be appointed for a one-year term, one-third of the members	308
shall be appointed for a two-year term, and the remaining	309
one-third, or portion thereof, of the members shall be appointed	310
for a three-year term. Thereafter, terms of persons appointed to	311
the facility governing board shall be for a three-year term, with	312
each term ending on the same day of the same month of the year as	313
did the term that it succeeds. A member may be reappointed to the	314
board. Vacancies on the board shall be filled in the same manner	315
as provided for original appointments. Any member of the facility	316
governing board who is appointed to fill a vacancy occurring prior	317
to the expiration of the term for which the member's predecessor	318
was appointed shall hold office for the remainder of the	319
predecessor's term. Members of the board shall not receive	320
compensation for their services but may be reimbursed for	321
reasonable and necessary expenses incurred as a result of service	322
on the board.	323

(b) A member of a facility governing board is not liable in	324
damages in a civil action for injury, death, or loss to person or	325
property that arises from the member's service on the facility	326
governing board, unless the action or omission of the member	327
constitutes willful or wanton misconduct or intentionally tortious	328
conduct.	329

(5) A community-based correctional facility or program or a	330
district community-based correctional facility or program	331
established by a judicial corrections board under a prior version	332
of this section shall continue to exist under its existing	333
contractual arrangements but, on and after the effective date of	334
this amendment, shall be governed by a facility governing board	335
and advised by a judicial advisory board created according to this	336
section.	337

(B)(1) Each proposal for the establishment of a	338
community-based correctional facility and program or district	339
community-based correctional facility and program that is	340
formulated pursuant to division (A) of this section shall be	341
submitted by the judicial correctionsfacility governing board to	342
the division of parole and community services for its approval	343
under section 5120.10 of the Revised Code.	344

(2) No person shall be sentenced to or placed in a	345
community-based correctional facility and program or to a district	346
community-based correctional facility and program by a court	347
pursuant to section 2929.16 or 2929.17 of the Revised Code or by	348
the parole board pursuant to section 2967.28 of the Revised Code,	349
or otherwise committed or admitted to a facility and program of	350
that type until after the proposal for the establishment of the	351
facility and program has been approved by the division of parole	352
and community services under section 5120.10 of the Revised Code.	353
A person shall be sentenced to a facility and program of that type	354
only pursuant to a sanction imposed by a court pursuant to section	355
2929.16 or 2929.17 of the Revised Code as the sentence or as any	356
part of the sentence of the person or otherwise shall be committed	357
or referred to a facility and program of that type only when	358
authorized by law.	359

(C) Upon the approval by the division of parole and community	360
services of a proposal for the establishment of a community-based	361
correctional facility and program or district community-based	362
correctional facility and program submitted to it under division	363
(B) of this section, the judicial correctionsfacility governing	364
board that submitted the proposal may establish and operate the	365
facility and program addressed by the proposal in accordance with	366
the approved proposal and division (B)(2) of this section. The	367
judicial correctionsfacility governing board may submit a request	368
for funding of some or all of its community-based correctional	369
facilities and programs or district community-based correctional	370
facilities and programs to the board of county commissioners of	371
the county, if the judicial correctionsfacility governing board	372
serves a community-based correctional facility and program, or to	373
the boards of county commissioners of all of the member counties,	374
if the judicial correctionsfacility governing board serves a	375
district community-based correctional facility and program. The	376
board or boards may appropriate, but are not required to	377
appropriate, a sum of money for funding all aspects of each	378
facility and program as outlined in sections 2301.51 to 2301.56	379
2301.58 of the Revised Code. The judicial correctionsfacility	380
governing board has no recourse against a board or boards of	381
county commissioners, either under Chapter 2731. of the Revised	382
Code, under its contempt power, or under any other authority, if	383
the board or boards of county commissioners do not appropriate	384
money for funding any facility or program or if they appropriate	385
money for funding a facility and program in an amount less than	386
the total amount of the submitted request for funding.	387

(D)(1) If a court of common pleas that is being served by any	388
a community-based correctional facility and program established	389
pursuant to division (C) of this section determines that it no	390
longer wants to be served by the facility and program, the court	391
facility governing board, upon the advice of the judicial advisory	392
board, may dissolve the facility and program by entering upon the	393
journal of the court the fact of the determination to dissolve the	394
facility and program and by notifying, in writing, the division of	395
parole and community services of the determination to dissolve the	396
facility and program. If the court is served by more than one	397
community-based correctional facility and program, itthe facility	398
governing board, upon the advice of the judicial advisory board,	399
may dissolve some or all of the facilities and programs and, if it	400
does not dissolve all of the facilities and programs, itthe	401
facility governing board shall continue the operation of the	402
remaining facilities and programs.	403

(2) If all of the courts of common pleas being served by any	404
district community-based correctional facility and program	405
established pursuant to division (C) of this section determine	406
that they no longer want to be served by the facility and program,	407
the courtsfacility governing board, upon the advice of the	408
judicial advisory board, may dissolve the facility and program by	409
entering upon the journal of each court the fact of the	410
determination to dissolve the facility and program and by the	411
judge who serves as chairperson of the judicial corrections board	412
notifying, in writing, the division of parole and community	413
services of the determination to dissolve the facility and	414
program. If the courts are served by more than one district	415
community-based correctional facility and program, theythe	416
facility governing board, upon the advice of the judicial advisory	417
board, may dissolve some or all of the facilities and programs	418
and, if they do not dissolve all of the facilities and programs,	419
they shall continue the operation of the remaining facilities and	420
programs.	421

(3) If at least one, but not all, of the courts of common	422
pleas being served by one or more district community-based	423
correctional facilities and programs established pursuant to	424
division (C) of this section determines that it no longer wants to	425
be served by the facilities and programs, the court may terminate	426
its involvement with each of the facilities and programs by	427
entering upon the journal of the court the fact of the	428
determination to terminate its involvement with the facilities and	429
programs and by the court notifying, in writing, the division of	430
parole and community services of the determination to terminate	431
its involvement with the facilities and programs.	432

If at least one, but not all, of the courts of common pleas	433
being served by one or more district community-based correctional	434
facilities and programs terminates its involvement with each of	435
the facilities and programs in accordance with this division, the	436
other courts of common pleas being served by the facilities and	437
programs may continue to be served by each of the facilities and	438
programs if the other counties are adjoining or neighboring	439
counties and have an aggregate population of two hundred thousand	440
or more. A court may use a facility and program by remaining as a	441
member county of the district community-based correctional	442
facility and program or by making a written service agreement with	443
the facility governing board without remaining as a member county.	444

(E) Nothing in this section, sections 2301.52 to 2301.56	445
2301.58, or section 5120.10, 5120.111, or 5120.122 of the Revised	446
Code modifies or affects or shall be interpreted as modifying or	447
affecting sections 5149.30 to 5149.37 of the Revised Code.	448

Sec. 2301.52.  Each proposal for a community-based	449
correctional facility and program or a district community-based	450
correctional facility and program shall provide for or contain at	451
least the following:	452

(A) The designation of a physical facility that will be used	453
for the confinement of persons sentenced to the facility and	454
program by a court pursuant to section 2929.16 or 2929.17 of the	455
Revised Code or persons otherwise committed or admitted pursuant	456
to law to the facility and program. The designatedesignated	457
facility shall satisfy all of the following:	458

(1) Be a secure facility that contains lockups and other	459
measures sufficient to ensure the safety of the surrounding	460
community;	461

(2) Provide living space and accommodations that are suitable	462
and adequate for the housing upon release, sentencing, or other	463
commitment or admission of the following number of persons:	464

(a) For a facility that became operational prior to July 1,	465
1993, at least twenty, but not more than two hundred, persons;	466

(b) For a facility that becomes operational on or after July	467
1, 1993, at least fifty, but not more than two hundred, persons.	468
sentenced, or otherwise admitted with the consent of the facility	469
governing board, to the facility and program;	470

(3) Be constructed or modified, and maintained and operated,	471
so that it complies with the rules adopted pursuant to Chapter	472
119. of the Revised Code by the division of parole and community	473
services in the department of rehabilitation and correction for	474
community-based correctional facilities and programs and district	475
community-based correctional facilities and programs.	476

(B) The designation of a general treatment program that will	477
be applied individually to each person sentenced to the facility	478
and program by a court pursuant to section 2929.16 or 2929.17 of	479
the Revised Code or otherwise committed or admitted pursuant to	480
law to the facility and program. The designated general treatment	481
program shall not be limited to, but at a minimum shall include,	482
provisions to ensure that:	483

(1) Eachbut not be limited to, education, treatment, or work	484
release.	485

(C) A provision that each person sentenced by a court, or	486
otherwise committed or admitted with the consent of the facility	487
governing board, to a facility isshall be provided an orientation	488
period of at least thirty days, during which period the person is	489
not permitted to leave the facility and is evaluated in relation	490
to the person's placement in rehabilitative programs;	491

(2) Each person sentenced by a court or otherwise committed	492
or admitted to a facility is placed in a release program whereby	493
the person will be released temporarily for the purpose of	494
employment in a manner consistent with the applicable work-release	495
program established under section 5147.28 of the Revised Code, for	496
vocational training, or for other educational or rehabilitative	497
programs;	498

(3) All suitable community resources that are available are	499
utilized in the treatment of each person sentenced by a court or	500
otherwise committed or admitted to the facility.	501

(C)(D) Provisions to ensure that the facility and program	502
will be staffed and operated by persons who satisfy the minimum	503
educational and experience requirements that are prescribed by	504
rule by the department of rehabilitation and correctionto ensure	505
security and the effective delivery of services;	506

(D) Provisions for an intake officer to screen each felony	507
offender who is sentenced by the court or courts that the facility	508
and program serve and to make recommendations to the sentencing	509
court concerning the admission or referral of each felony offender	510
to the facility and program within fourteen days after	511
notification of sentencing;	512

(E) Written screening standards that are to be used by an	513
intake officer in screening an offender under the provisions	514
described in division (D) of this section and that at a minimum	515
include provisions to ensure that the intake officer will not make	516
a recommendation to a sentencing court in support of the	517
sentencing of a person to the facility and program if the person	518
is ineligible for placement in the facility and program under	519
rules adopted by the facility's and program's judicial corrections	520
board.Provisions for the facility governing board, upon the	521
advice of the judicial advisory board, to set standards for the	522
screening and admission of each felony offender who is referred by	523
a court pursuant to section 2929.16 or 2929.17 of the Revised Code	524
or by the parole board pursuant to section 2967.28 of the Revised	525
Code;	526

(F) A statement that a good faith effort will be made to	527
ensure that the persons who staff and operate the facility and	528
program proportionately represent the racial, ethnic, and cultural	529
diversity of the persons released, sentenced, or otherwise	530
committed or admitted to the facility and program;.	531

Sec. 2301.55.  (A) If a judicial corrections board	532
establishes one or more community-based correctional facilities	533
and programs or district community-based correctional facilities	534
and programs, all of the following apply, for each facility and	535
program so established:	536

(1)The facility governing board of a community-based	537
correctional facility or program or a district community-based	538
correctional facility or program may appoint a director who, or	539
enter into a contract with a nonprofit or private entity that,	540
shall control, manage, operate, and have general charge of the	541
facility or program and shall have custody of its property, files,	542
and records. If a facility governing board chooses to contract the	543
operation of a facility or program, an agreement that includes, at	544
a minimum, terms and conditions established by the department of	545
rehabilitation and correction, shall be in effect with the chosen	546
contractor. The judicial correctionsfacility governing board	547
shall appoint and fix or approve the compensation of the director	548
of the facility and program and other professional, technical, and	549
clerical employees who are necessary to properly maintain and	550
operate the facility and program.	551

The director, under the supervision of the judicial	552
corrections board and subject to the rules of the judicial	553
corrections board that are prescribed under division (B) of this	554
section, shall control, manage, operate, and have general charge	555
of the facility and program, and shall have the custody of its	556
property, files, and records.	557

(2)(B) The judicial correctionsfacility governing board may	558
enter into contracts with the board of county commissioners of the	559
county in which the facility and program is located or, in the	560
case of a district facility and program, with the county	561
commissioners of any county included in the district, whereby the	562
county is to provide buildings, goods, and services to the	563
facility and program.	564

(3)(C) The judicial correctionsfacility governing board,	565
upon the advice of the judicial advisory board, shall adopt rules	566
for the sentencing or other commitment or admission pursuant to	567
law of persons to, and the operation of, the facility and program.	568
The rules shall provide procedures that conform to sections	569
2301.51 to 2301.562301.58, 5120.10, 5120.111, and 5120.112 of the	570
Revised Code. The rules adopted under this division shall be	571
entered upon the journal of the court of each member court of a	572
district.	573

(B)(D) A judicial correctionsfacility governing board that	574
establishes one or more community-based correctional facilities	575
and programs or district community-based correctional facilities	576
and programs may accept any gift, donation, devise, or bequest of	577
real or personal property made to it by any person, or any grant	578
or appropriation made to it by any federal, state, or local	579
governmental unit or agency, and use the gift, donation, devise,	580
bequest, grant, or appropriation in any manner that is consistent	581
with any conditions of the gift, donation, devise, bequest, grant,	582
or appropriation and that it considers to be in the interests of	583
the facility and program. The judicial correctionsfacility	584
governing board may sell, lease, convey, or otherwise transfer any	585
real or personal property that it accepts pursuant to this	586
division following the procedures specified in sections 307.09,	587
307.10, and 307.12 of the Revised Code.	588

(C) A judicial corrections board that establishes one or more	589
community-based correctional facilities and programs or district	590
community-based correctional facilities and programs shall provide	591
the citizens advisory board of the facilities and programs with	592
the staff assistance that the citizens advisory board requires to	593
perform the duties imposed by section 2301.54 of the Revised Code	594
(E) A facility governing board of a community-based correctional	595
facility or program or a district community-based correctional	596
facility or program may purchase liability insurance to cover	597
members of the facility governing board, the judicial advisory	598
board, and the community-based correctional facility employees or	599
district community-based correctional facility employees when	600
engaged in the performance of their duties.	601

(F) A facility governing board of a community-based	602
correctional facility or program or a district community-based	603
correctional facility or program may contract for legal services	604
for the facility governing board, the judicial advisory board, and	605
the community-based correctional facility employees or district	606
community-based correctional facility employees when engaged in	607
the performance of their duties. In the absence of a contract for	608
legal services, the prosecuting attorney of the county in which a	609
community-based correctional facility or a district	610
community-based correctional facility is located shall provide	611
legal services to the facility governing board, the judicial	612
advisory board, and the community-based correctional facility	613
employees or district community-based correctional facility	614
employees when engaged in the performance of their duties. The	615
prosecuting attorney shall be reasonably reimbursed for these	616
legal services.	617

(G) A facility of a community-based correctional facility or	618
a district community-based correctional facility governing board	619
may contract with a fiscal agent that shall be responsible for the	620
deposit of funds and compliance with division (C)(1) of section	621
2301.56 of the Revised Code. In the absence of a contract for a	622
fiscal agent, the county auditor of the county in which a	623
community-based correctional facility or a district	624
community-based correctional facility is located shall provide	625
fiscal services to the facility governing board. The county	626
auditor shall be reasonably reimbursed for these fiscal services.	627

Sec. 2301.56.  (A) A judicial correctionsfacility governing	628
board that proposes or establishes one or more community-based	629
correctional facilities and programs or district community-based	630
correctional facilities and programs may apply to the division of	631
parole and community services for state financial assistance for	632
the cost of renovation, maintenance, and operation of any of the	633
facilities and programs. If the judicial correctionsfacility	634
governing board has proposed or established more than one facility	635
and program and if it desires state financial assistance for more	636
than one of the facilities and programs, the board shall submit a	637
separate application for each facility and program for which it	638
desires the financial assistance.	639

An application for state financial assistance under this	640
section may be made when the judicial correctionsfacility	641
governing board submits for the approval of the sectiondivision	642
its proposal for the establishment of the facility and program in	643
question to the division of parole and community services under	644
division (B) of section 2301.51 of the Revised Code, or at any	645
time after the sectiondivision has approved the proposal. All	646
applications for state financial assistance for proposed or	647
approved facilities and programs shall be made on forms that are	648
prescribed and furnished by the department of rehabilitation and	649
correction, and in accordance with section 5120.112 of the Revised	650
Code.	651

(B) The judicial correctionsfacility governing board may	652
submit a request for funding of some or all of its community-based	653
correctional facilities and programs or district community-based	654
correctional facilities and programs to the board of county	655
commissioners of the county, if the judicial correctionsfacility	656
governing board serves a community-based correctional facility and	657
program, or to the boards of county commissioners of all of the	658
member counties, if the judicial correctionsfacility governing	659
board serves a district community-based correctional facility and	660
program. The board or boards may appropriate, but are not required	661
to appropriate, a sum of money for funding all aspects of each	662
facility and program as outlined in sections 2301.51 to 2301.56	663
2301.58 of the Revised Code. The judicial correctionsfacility	664
governing board has no recourse against a board or boards of	665
county commissioners, either under Chapter 2731. of the Revised	666
Code, under its contempt power, or under any other authority, if	667
the board or boards of county commissioners do not appropriate	668
money for funding any facility or program or if they appropriate	669
money for funding a facility and program in an amount less than	670
the total amount of the submitted request for funding.	671

(B)(C) Pursuant to section 2929.37 of the Revised Code, a	672
board of county commissioners may require a person who was	673
convicted of an offense and who is confined in a community-based	674
correctional facility or district community-based correctional	675
facility as provided in sections 2301.51 to 2301.562301.58 of the	676
Revised Code, to reimburse the county for its expenses incurred by	677
reason of the person's confinement.	678

(C) Notwithstanding any contrary provision in this section or	679
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	680
judicial corrections board may establish a policy that complies	681
with section 2929.38 of the Revised Code and that requires any	682
person who is not indigent and who is confined in the	683
community-based correctional facility or district community-based	684
correctional facility to pay a reception fee or a fee for any	685
medical treatment or service requested by and provided to that	686
person.	687

(D) If a person who has been convicted of or pleaded guilty	688
to an offense is confined in a community-based correctional	689
facility or district community-based correctional facility, at the	690
time of reception and at other times the person in charge of the	691
operation of the facility determines to be appropriate, the person	692
in charge of the operation of the facility may cause the convicted	693
offender to be examined and tested for tuberculosis, HIV	694
infection, hepatitis, including but not limited to hepatitis A, B,	695
and C, and other contagious diseases. The person in charge of the	696
operation of the facility may cause a convicted offender in the	697
facility who refuses to be tested or treated for tuberculosis, HIV	698
infection, hepatitis, including but not limited to hepatitis A, B,	699
and C, or another contagious disease to be tested and treated	700
involuntarily.	701

(E)(1) Community-based correctional facilities and programs	702
and district community-based correctional facilities and programs	703
are public offices under section 117.01 of the Revised Code and	704
are subject to audit under section 117.10 of the Revised Code. The	705
audits of the facilities and programs shall include financial	706
audits and, in addition, in the circumstances specified in this	707
division, performance audits by the auditor of state. If a private	708
or nonprofit entity performs the day-to-day operation of any	709
community-based correctional facility and program or district	710
community-based correctional facility and program, the private or	711
nonprofit entity also is subject to financial audits under section	712
117.10 of the Revised Code, and, in addition, in the circumstances	713
specified in this division, to performance audits by the auditor	714
of state. The auditor of state shall conduct the performance	715
audits of a facility and program and of an entity required under	716
section 117.10 of the Revised Code and this division and,	717
notwithstanding the time period for audits specified in section	718
117.11 of the Revised Code, shall conduct the financial audits of	719
a facility and program and of an entity required under section	720
117.10 of the Revised Code and this division, in accordance with	721
the following criteria:	722

(a) For each facility and program and each entity, the	723
auditor of state shall conduct the initial financial audit within	724
two years after the effective date of this amendmentMarch 31,	725
2003, or, if the facility and program in question is established	726
on or after the effective date of this amendmentMarch 31, 2003,	727
within two years after the date on which it is established.	728

(b) After the initial financial audit described in division	729
(E)(D)(1)(a) of this section, for each facility and program and	730
each entity, the auditor of state shall conduct the financial	731
audits of the facility and program or the entity at least once	732
every two fiscal years.	733

(c) At any time after the effective date of this amendment	734
March 31, 2003, regarding a facility and program or regarding an	735
entity that performs the day-to-day operation of a facility and	736
program, the department of rehabilitation and correction or the	737
judicial correctionsfacility governing board that established the	738
facility and program may request, or the auditor of state on its	739
own initiative may undertake, a performance audit of the facility	740
and program or the entity. Upon the receipt of the request, or	741
upon the auditor of state's own initiative as described in this	742
division, the auditor of state shall conduct a performance audit	743
of the facility and program or the entity.	744

(2) The department of rehabilitation and correction shall	745
prepare and provide to the auditor of state quarterly financial	746
reports for each community-based correctional facility and	747
program, for each district community-based correctional facility	748
and program, and, to the extent that information is available, for	749
each private or nonprofit entity that performs the day-to-day	750
operation of any community-based correctional facility and program	751
or district community-based correctional facility and program.	752
Each report shall cover a three-month period and shall be provided	753
to the auditor of state not later than fifteen days after the end	754
of the period covered by the report.	755

Sec. 2301.57.  (A) For each person who is confined in a	756
community-based correctional facility or district community-based	757
correctional facility as provided in sections 2301.51 to 2301.56	758
2301.58 of the Revised Code, the countyfacility may make a	759
determination as to whether the person is covered under a health	760
insurance or health care policy, contract, or plan and, if the	761
person has such coverage, what terms and conditions are imposed by	762
it for the filing and payment of claims.	763

(B) If, pursuant to division (A) of this section, it is	764
determined that the person is covered under a policy, contract, or	765
plan and, while that coverage is in force, the correctional	766
facility renders or arranges for the rendering of health care	767
services to the person in accordance with the terms and conditions	768
of the policy, contract, or plan, then the person, county	769
facility, or provider of the health care services, as appropriate	770
under the terms and conditions of the policy, contract, or plan,	771
shall promptly submit a claim for payment for the health care	772
services to the appropriate third-party payer and shall designate,	773
or make any other arrangement necessary to ensure, that payment of	774
any amount due on the claim be made to the countyfacility or	775
provider, as the case may be.	776

(C) Any payment made to the county pursuant to division (B)	777
of this section shall be paid into the treasury of the county that	778
incurred the expenses.	779

(D) This section also applies to any person who is under the	780
custody of a law enforcement officer, as defined in section	781
2901.01 of the Revised Code, prior to the person's confinement in	782
the correctional facility.	783

(D) Notwithstanding any contrary provision in this section or	784
section 2929.18, 2929.21, 2929.26, or 2929.37 of the Revised Code,	785
the facility governing board may establish a policy that complies	786
with section 2929.38 of the Revised Code and that requires any	787
person who is not indigent and who is confined in the	788
community-based correctional facility or district community-based	789
correctional facility to pay a reception fee or a fee for any	790
medical treatment or service requested by and provided to that	791
person.	792

(E) If a person who has been convicted of or pleaded guilty	793
to an offense is confined in a community-based correctional	794
facility or district community-based correctional facility, the	795
person in charge of the operation of the facility may cause the	796
offender, at the time of reception and at other times the person	797
in charge of the operation of the facility determines to be	798
appropriate, to be examined and tested for tuberculosis, HIV	799
infection, hepatitis, including, but not limited to, hepatitis A,	800
B, and C, and other contagious diseases. The person in charge of	801
the operation of the facility may cause an offender in the	802
facility who refuses to be tested or treated for tuberculosis, HIV	803
infection, hepatitis, including, but not limited to, hepatitis A,	804
B, and C, or another contagious disease to be tested and treated	805
involuntarily.	806

Sec. 2301.58.  (A) Upon approval of the facility governing	807
board, the director of the community-based correctional facility	808
or district community-based correctional facility may establish a	809
resident program fund. The director shall deposit in the fund all	810
revenues received by the facility from commissions on telephone	811
systems, commissary operations, reimbursable costs such as per	812
diem and medical services, and similar services. The money in the	813
fund shall only be used to pay for the costs of the following	814
expenses:	815

(1) The purchase of materials, supplies, and equipment used	816
in any library program, educational program, vocational program,	817
rehabilitative program, religious program, medical services	818
program, or recreational program operated by the facility for the	819
benefit of the residents;	820

(2) The construction, alteration, repair, or reconstruction	821
of a facility under the control of the facility governing board	822
for use in any library program, educational program, vocational	823
program, rehabilitative program, religious program, medical	824
services program, or recreational program operated by the facility	825
for the benefit of the residents;	826

(3) The payment of salaries, wages, and other compensation to	827
employees of the facility who are employed in any library program,	828
educational program, vocational program, rehabilitative program,	829
religious program, medical services program, or recreational	830
program operated by the facility for the benefit of the residents;	831

(4) The compensation of vendors that contract with the	832
facility for the provision of services for any library program,	833
educational program, vocational program, rehabilitative program,	834
religious program, medical services program, or recreational	835
program for the benefit of the residents;	836

(5) The purchase of other goods and the payment of other	837
services that are determined, at the discretion of the director,	838
to be goods and services that may provide additional benefit to	839
the residents;	840

(6) The costs for the auditing of the resident program funds.

841

(B) If a commissary is established by the community-based	842
correctional facility or the district community-based correctional	843
facility, all persons incarcerated in the facility shall receive	844
commissary privileges, and the commissary shall provide for the	845
distribution of necessary hygiene articles and writing materials	846
to indigent residents.	847

(C) The director shall establish rules, to be approved by the	848
facility governing board, for the operation of the resident	849
program fund that follow guidelines established by the auditor of	850
state.	851

Sec. 2929.01.  As used in this chapter:

852

(A)(1) "Alternative residential facility" means, subject to	853
division (A)(2) of this section, any facility other than an	854
offender's home or residence in which an offender is assigned to	855
live and that satisfies all of the following criteria:	856

(a) It provides programs through which the offender may seek	857
or maintain employment or may receive education, training,	858
treatment, or habilitation.	859

(b) It has received the appropriate license or certificate	860
for any specialized education, training, treatment, habilitation,	861
or other service that it provides from the government agency that	862
is responsible for licensing or certifying that type of education,	863
training, treatment, habilitation, or service.	864

(2) "Alternative residential facility" does not include a	865
community-based correctional facility, jail, halfway house, or	866
prison.	867

(B) "Bad time" means the time by which the parole board	868
administratively extends an offender's stated prison term or terms	869
pursuant to section 2967.11 of the Revised Code because the parole	870
board finds by clear and convincing evidence that the offender,	871
while serving the prison term or terms, committed an act that is a	872
criminal offense under the law of this state or the United States,	873
whether or not the offender is prosecuted for the commission of	874
that act.	875

(C) "Basic probation supervision" means a requirement that	876
the offender maintain contact with a person appointed to supervise	877
the offender in accordance with sanctions imposed by the court or	878
imposed by the parole board pursuant to section 2967.28 of the	879
Revised Code. "Basic probation supervision" includes basic parole	880
supervision and basic post-release control supervision.	881

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	882
"unit dose" have the same meanings as in section 2925.01 of the	883
Revised Code.	884

(E) "Community-based correctional facility" means a	885
community-based correctional facility and program or district	886
community-based correctional facility and program developed	887
pursuant to sections 2301.51 to 2301.562301.58 of the Revised	888
Code.	889

(F) "Community control sanction" means a sanction that is not	890
a prison term and that is described in section 2929.15, 2929.16,	891
2929.17, or 2929.18 of the Revised Code or a sanction that is not	892
a jail term and that is described in section 2929.26, 2929.27, or	893
2929.28 of the Revised Code. "Community control sanction" includes	894
probation if the sentence involved was imposed for a felony that	895
was committed prior to July 1, 1996, or if the sentence involved	896
was imposed for a misdemeanor that was committed prior to January	897
1, 2004.	898

(G) "Controlled substance," "marihuana," "schedule I," and	899
"schedule II" have the same meanings as in section 3719.01 of the	900
Revised Code.	901

(H) "Curfew" means a requirement that an offender during a	902
specified period of time be at a designated place.	903

(I) "Day reporting" means a sanction pursuant to which an	904
offender is required each day to report to and leave a center or	905
other approved reporting location at specified times in order to	906
participate in work, education or training, treatment, and other	907
approved programs at the center or outside the center.	908

(J) "Deadly weapon" has the same meaning as in section	909
2923.11 of the Revised Code.	910

(K) "Drug and alcohol use monitoring" means a program under	911
which an offender agrees to submit to random chemical analysis of	912
the offender's blood, breath, or urine to determine whether the	913
offender has ingested any alcohol or other drugs.	914

(L) "Drug treatment program" means any program under which a	915
person undergoes assessment and treatment designed to reduce or	916
completely eliminate the person's physical or emotional reliance	917
upon alcohol, another drug, or alcohol and another drug and under	918
which the person may be required to receive assessment and	919
treatment on an outpatient basis or may be required to reside at a	920
facility other than the person's home or residence while	921
undergoing assessment and treatment.	922

(M) "Economic loss" means any economic detriment suffered by	923
a victim as a direct and proximate result of the commission of an	924
offense and includes any loss of income due to lost time at work	925
because of any injury caused to the victim, and any property loss,	926
medical cost, or funeral expense incurred as a result of the	927
commission of the offense. "Economic loss" does not include	928
non-economic loss or any punitive or exemplary damages.	929

(N) "Education or training" includes study at, or in	930
conjunction with a program offered by, a university, college, or	931
technical college or vocational study and also includes the	932
completion of primary school, secondary school, and literacy	933
curricula or their equivalent.	934

(O) "Firearm" has the same meaning as in section 2923.11 of	935
the Revised Code.	936

(P) "Halfway house" means a facility licensed by the division	937
of parole and community services of the department of	938
rehabilitation and correction pursuant to section 2967.14 of the	939
Revised Code as a suitable facility for the care and treatment of	940
adult offenders.	941

(Q) "House arrest" means a period of confinement of an	942
offender that is in the offender's home or in other premises	943
specified by the sentencing court or by the parole board pursuant	944
to section 2967.28 of the Revised Code and during which all of the	945
following apply:	946

(1) The offender is required to remain in the offender's home	947
or other specified premises for the specified period of	948
confinement, except for periods of time during which the offender	949
is at the offender's place of employment or at other premises as	950
authorized by the sentencing court or by the parole board.	951

(2) The offender is required to report periodically to a	952
person designated by the court or parole board.	953

(3) The offender is subject to any other restrictions and	954
requirements that may be imposed by the sentencing court or by the	955
parole board.	956

(R) "Intensive probation supervision" means a requirement	957
that an offender maintain frequent contact with a person appointed	958
by the court, or by the parole board pursuant to section 2967.28	959
of the Revised Code, to supervise the offender while the offender	960
is seeking or maintaining necessary employment and participating	961
in training, education, and treatment programs as required in the	962
court's or parole board's order. "Intensive probation supervision"	963
includes intensive parole supervision and intensive post-release	964
control supervision.	965

(S) "Jail" means a jail, workhouse, minimum security jail, or	966
other residential facility used for the confinement of alleged or	967
convicted offenders that is operated by a political subdivision or	968
a combination of political subdivisions of this state.	969

(T) "Jail term" means the term in a jail that a sentencing	970
court imposes or is authorized to impose pursuant to section	971
2929.24 or 2929.25 of the Revised Code or pursuant to any other	972
provision of the Revised Code that authorizes a term in a jail for	973
a misdemeanor conviction.	974

(U) "Mandatory jail term" means the term in a jail that a	975
sentencing court is required to impose pursuant to division (G) of	976
section 1547.99 of the Revised Code, division (E) of section	977
2903.06 or division (D) of section 2903.08 of the Revised Code,	978
division (E) of section 2929.24 of the Revised Code, division (B)	979
of section 4510.14 of the Revised Code, or division (G) of section	980
4511.19 of the Revised Code or pursuant to any other provision of	981
the Revised Code that requires a term in a jail for a misdemeanor	982
conviction.	983

(V) "Delinquent child" has the same meaning as in section	984
2152.02 of the Revised Code.	985

(W) "License violation report" means a report that is made by	986
a sentencing court, or by the parole board pursuant to section	987
2967.28 of the Revised Code, to the regulatory or licensing board	988
or agency that issued an offender a professional license or a	989
license or permit to do business in this state and that specifies	990
that the offender has been convicted of or pleaded guilty to an	991
offense that may violate the conditions under which the offender's	992
professional license or license or permit to do business in this	993
state was granted or an offense for which the offender's	994
professional license or license or permit to do business in this	995
state may be revoked or suspended.	996

(X) "Major drug offender" means an offender who is convicted	997
of or pleads guilty to the possession of, sale of, or offer to	998
sell any drug, compound, mixture, preparation, or substance that	999
consists of or contains at least one thousand grams of hashish; at	1000
least one hundred grams of crack cocaine; at least one thousand	1001
grams of cocaine that is not crack cocaine; at least two thousand	1002
five hundred unit doses or two hundred fifty grams of heroin; at	1003
least five thousand unit doses of L.S.D. or five hundred grams of	1004
L.S.D. in a liquid concentrate, liquid extract, or liquid	1005
distillate form; or at least one hundred times the amount of any	1006
other schedule I or II controlled substance other than marihuana	1007
that is necessary to commit a felony of the third degree pursuant	1008
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	1009
Code that is based on the possession of, sale of, or offer to sell	1010
the controlled substance.	1011

(Y) "Mandatory prison term" means any of the following:

1012

(1) Subject to division (Y)(2) of this section, the term in	1013
prison that must be imposed for the offenses or circumstances set	1014
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	1015
2929.13 and division (D) of section 2929.14 of the Revised Code.	1016
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1017
and 2925.11 of the Revised Code, unless the maximum or another	1018
specific term is required under section 2929.14 of the Revised	1019
Code, a mandatory prison term described in this division may be	1020
any prison term authorized for the level of offense.	1021

(2) The term of sixty or one hundred twenty days in prison	1022
that a sentencing court is required to impose for a third or	1023
fourth degree felony OVI offense pursuant to division (G)(2) of	1024
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1025
of the Revised Code or the term of one, two, three, four, or five	1026
years in prison that a sentencing court is required to impose	1027
pursuant to division (G)(2) of section 2929.13 of the Revised	1028
Code.	1029

(3) The term in prison imposed pursuant to section 2971.03 of	1030
the Revised Code for the offenses and in the circumstances	1031
described in division (F)(11) of section 2929.13 of the Revised	1032
Code and that term as modified or terminated pursuant to section	1033
2971.05 of the Revised Code.	1034

(Z) "Monitored time" means a period of time during which an	1035
offender continues to be under the control of the sentencing court	1036
or parole board, subject to no conditions other than leading a	1037
law-abiding life.	1038

(AA) "Offender" means a person who, in this state, is	1039
convicted of or pleads guilty to a felony or a misdemeanor.	1040

(BB) "Prison" means a residential facility used for the	1041
confinement of convicted felony offenders that is under the	1042
control of the department of rehabilitation and correction but	1043
does not include a violation sanction center operated under	1044
authority of section 2967.141 of the Revised Code.	1045

(CC) "Prison term" includes any of the following sanctions	1046
for an offender:	1047

(1) A stated prison term;

1048

(2) A term in a prison shortened by, or with the approval of,	1049
the sentencing court pursuant to section 2929.20, 2967.26,	1050
5120.031, 5120.032, or 5120.073 of the Revised Code;	1051

(3) A term in prison extended by bad time imposed pursuant to	1052
section 2967.11 of the Revised Code or imposed for a violation of	1053
post-release control pursuant to section 2967.28 of the Revised	1054
Code.	1055

(DD) "Repeat violent offender" means a person about whom both	1056
of the following apply:	1057

(1) The person has been convicted of or has pleaded guilty	1058
to, and is being sentenced for committing, for complicity in	1059
committing, or for an attempt to commit, aggravated murder,	1060
murder, involuntary manslaughter, a felony of the first degree	1061
other than one set forth in Chapter 2925. of the Revised Code, a	1062
felony of the first degree set forth in Chapter 2925. of the	1063
Revised Code that involved an attempt to cause serious physical	1064
harm to a person or that resulted in serious physical harm to a	1065
person, or a felony of the second degree that involved an attempt	1066
to cause serious physical harm to a person or that resulted in	1067
serious physical harm to a person.	1068

(2) Either of the following applies:

1069

(a) The person previously was convicted of or pleaded guilty	1070
to, and previously served or, at the time of the offense was	1071
serving, a prison term for, any of the following:	1072

(i) Aggravated murder, murder, involuntary manslaughter,	1073
rape, felonious sexual penetration as it existed under section	1074
2907.12 of the Revised Code prior to September 3, 1996, a felony	1075
of the first or second degree that resulted in the death of a	1076
person or in physical harm to a person, or complicity in or an	1077
attempt to commit any of those offenses;	1078

(ii) An offense under an existing or former law of this	1079
state, another state, or the United States that is or was	1080
substantially equivalent to an offense listed under division	1081
(DD)(2)(a)(i) of this section and that resulted in the death of a	1082
person or in physical harm to a person.	1083

(b) The person previously was adjudicated a delinquent child	1084
for committing an act that if committed by an adult would have	1085
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	1086
section, the person was committed to the department of youth	1087
services for that delinquent act.	1088

(EE) "Sanction" means any penalty imposed upon an offender	1089
who is convicted of or pleads guilty to an offense, as punishment	1090
for the offense. "Sanction" includes any sanction imposed pursuant	1091
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1092
2929.28 of the Revised Code.	1093

(FF) "Sentence" means the sanction or combination of	1094
sanctions imposed by the sentencing court on an offender who is	1095
convicted of or pleads guilty to an offense.	1096

(GG) "Stated prison term" means the prison term, mandatory	1097
prison term, or combination of all prison terms and mandatory	1098
prison terms imposed by the sentencing court pursuant to section	1099
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	1100
includes any credit received by the offender for time spent in	1101
jail awaiting trial, sentencing, or transfer to prison for the	1102
offense and any time spent under house arrest or house arrest with	1103
electronic monitoring imposed after earning credits pursuant to	1104
section 2967.193 of the Revised Code.	1105

(HH) "Victim-offender mediation" means a reconciliation or	1106
mediation program that involves an offender and the victim of the	1107
offense committed by the offender and that includes a meeting in	1108
which the offender and the victim may discuss the offense, discuss	1109
restitution, and consider other sanctions for the offense.	1110

(II) "Fourth degree felony OVI offense" means a violation of	1111
division (A) of section 4511.19 of the Revised Code that, under	1112
division (G) of that section, is a felony of the fourth degree.	1113

(JJ) "Mandatory term of local incarceration" means the term	1114
of sixty or one hundred twenty days in a jail, a community-based	1115
correctional facility, a halfway house, or an alternative	1116
residential facility that a sentencing court may impose upon a	1117
person who is convicted of or pleads guilty to a fourth degree	1118
felony OVI offense pursuant to division (G)(1) of section 2929.13	1119
of the Revised Code and division (G)(1)(d) or (e) of section	1120
4511.19 of the Revised Code.	1121

(KK) "Designated homicide, assault, or kidnapping offense,"	1122
"violent sex offense," "sexual motivation specification,"	1123
"sexually violent offense," "sexually violent predator," and	1124
"sexually violent predator specification" have the same meanings	1125
as in section 2971.01 of the Revised Code.	1126

(LL) "Habitual sex offender," "sexually oriented offense,"	1127
"sexual predator," "registration-exempt sexually oriented	1128
offense," "child-victim oriented offense," "habitual child-victim	1129
offender," and "child-victim predator" have the same meanings as	1130
in section 2950.01 of the Revised Code.	1131

(MM) An offense is "committed in the vicinity of a child" if	1132
the offender commits the offense within thirty feet of or within	1133
the same residential unit as a child who is under eighteen years	1134
of age, regardless of whether the offender knows the age of the	1135
child or whether the offender knows the offense is being committed	1136
within thirty feet of or within the same residential unit as the	1137
child and regardless of whether the child actually views the	1138
commission of the offense.	1139

(NN) "Family or household member" has the same meaning as in	1140
section 2919.25 of the Revised Code.	1141

(OO) "Motor vehicle" and "manufactured home" have the same	1142
meanings as in section 4501.01 of the Revised Code.	1143

(PP) "Detention" and "detention facility" have the same	1144
meanings as in section 2921.01 of the Revised Code.	1145

(QQ) "Third degree felony OVI offense" means a violation of	1146
division (A) of section 4511.19 of the Revised Code that, under	1147
division (G) of that section, is a felony of the third degree.	1148

(RR) "Random drug testing" has the same meaning as in section	1149
5120.63 of the Revised Code.	1150

(SS) "Felony sex offense" has the same meaning as in section	1151
2967.28 of the Revised Code.	1152

(TT) "Body armor" has the same meaning as in section	1153
2941.1411 of the Revised Code.	1154

(UU) "Electronic monitoring" means monitoring through the use	1155
of an electronic monitoring device.	1156

(VV) "Electronic monitoring device" means any of the	1157
following:	1158

(1) Any device that can be operated by electrical or battery	1159
power and that conforms with all of the following:	1160

(a) The device has a transmitter that can be attached to a	1161
person, that will transmit a specified signal to a receiver of the	1162
type described in division (VV)(1)(b) of this section if the	1163
transmitter is removed from the person, turned off, or altered in	1164
any manner without prior court approval in relation to electronic	1165
monitoring or without prior approval of the department of	1166
rehabilitation and correction in relation to the use of an	1167
electronic monitoring device for an inmate on transitional control	1168
or otherwise is tampered with, that can transmit continuously and	1169
periodically a signal to that receiver when the person is within a	1170
specified distance from the receiver, and that can transmit an	1171
appropriate signal to that receiver if the person to whom it is	1172
attached travels a specified distance from that receiver.	1173

(b) The device has a receiver that can receive continuously	1174
the signals transmitted by a transmitter of the type described in	1175
division (VV)(1)(a) of this section, can transmit continuously	1176
those signals by telephone to a central monitoring computer of the	1177
type described in division (VV)(1)(c) of this section, and can	1178
transmit continuously an appropriate signal to that central	1179
monitoring computer if the receiver is turned off or altered	1180
without prior court approval or otherwise tampered with.	1181

(c) The device has a central monitoring computer that can	1182
receive continuously the signals transmitted by telephone by a	1183
receiver of the type described in division (VV)(1)(b) of this	1184
section and can monitor continuously the person to whom an	1185
electronic monitoring device of the type described in division	1186
(VV)(1)(a) of this section is attached.	1187

(2) Any device that is not a device of the type described in	1188
division (VV)(1) of this section and that conforms with all of the	1189
following:	1190

(a) The device includes a transmitter and receiver that can	1191
monitor and determine the location of a subject person at any	1192
time, or at a designated point in time, through the use of a	1193
central monitoring computer or through other electronic means.	1194

(b) The device includes a transmitter and receiver that can	1195
determine at any time, or at a designated point in time, through	1196
the use of a central monitoring computer or other electronic means	1197
the fact that the transmitter is turned off or altered in any	1198
manner without prior approval of the court in relation to the	1199
electronic monitoring or without prior approval of the department	1200
of rehabilitation and correction in relation to the use of an	1201
electronic monitoring device for an inmate on transitional control	1202
or otherwise is tampered with.	1203

(3) Any type of technology that can adequately track or	1204
determine the location of a subject person at any time and that is	1205
approved by the director of rehabilitation and correction,	1206
including, but not limited to, any satellite technology, voice	1207
tracking system, or retinal scanning system that is so approved.	1208

(WW) "Non-economic loss" means nonpecuniary harm suffered by	1209
a victim of an offense as a result of or related to the commission	1210
of the offense, including, but not limited to, pain and suffering;	1211
loss of society, consortium, companionship, care, assistance,	1212
attention, protection, advice, guidance, counsel, instruction,	1213
training, or education; mental anguish; and any other intangible	1214
loss.	1215

(XX) "Prosecutor" has the same meaning as in section 2935.01	1216
of the Revised Code.	1217

(YY) "Continuous alcohol monitoring" means the ability to	1218
automatically test and periodically transmit alcohol consumption	1219
levels and tamper attempts at least every hour, regardless of the	1220
location of the person who is being monitored.	1221

(ZZ) A person is "adjudicated a sexually violent predator" if	1222
the person is convicted of or pleads guilty to a violent sex	1223
offense and also is convicted of or pleads guilty to a sexually	1224
violent predator specification that was included in the	1225
indictment, count in the indictment, or information charging that	1226
violent sex offense or if the person is convicted of or pleads	1227
guilty to a designated homicide, assault, or kidnapping offense	1228
and also is convicted of or pleads guilty to both a sexual	1229
motivation specification and a sexually violent predator	1230
specification that were included in the indictment, count in the	1231
indictment, or information charging that designated homicide,	1232
assault, or kidnapping offense.	1233

Sec. 2929.34.  (A) A person who is convicted of or pleads	1234
guilty to aggravated murder, murder, or an offense punishable by	1235
life imprisonment and who is sentenced to a term of life	1236
imprisonment or a prison term pursuant to that conviction shall	1237
serve that term in an institution under the control of the	1238
department of rehabilitation and correction.	1239

(B)(1) A person who is convicted of or pleads guilty to a	1240
felony other than aggravated murder, murder, or an offense	1241
punishable by life imprisonment and who is sentenced to a term of	1242
imprisonment or a prison term pursuant to that conviction shall	1243
serve that term as follows:	1244

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	1245
section, in an institution under the control of the department of	1246
rehabilitation and correction if the term is a prison term or as	1247
otherwise determined by the sentencing court pursuant to section	1248
2929.16 of the Revised Code if the term is not a prison term;	1249

(b) In a facility of a type described in division (G)(1) of	1250
section 2929.13 of the Revised Code, if the offender is sentenced	1251
pursuant to that division.	1252

(2) If the term is a prison term, the person may be	1253
imprisoned in a jail that is not a minimum security jail pursuant	1254
to agreement under section 5120.161 of the Revised Code between	1255
the department of rehabilitation and correction and the local	1256
authority that operates the jail.	1257

(C) A person who is convicted of or pleads guilty to one or	1258
more misdemeanors and who is sentenced to a jail term or term of	1259
imprisonment pursuant to the conviction or convictions shall serve	1260
that term in a county, multicounty, municipal, municipal-county,	1261
or multicounty-municipal jail or workhouse or, if the misdemeanor	1262
or misdemeanors are not offenses of violence, in a minimum	1263
security jail.	1264

(D) Nothing in this section prohibits the commitment,	1265
referral, or sentencing of a person who is convicted of or pleads	1266
guilty to a felony to a community-based correctional facility and	1267
program or district community-based correctional facility and	1268
program in accordance with sections 2301.51 to 2301.56 of the	1269
Revised Code.	1270

Sec. 2929.37.  (A) A board of county commissioners, in an	1271
agreement with the sheriff, a legislative authority of a municipal	1272
corporation, a corrections commission, a judicial corrections	1273
facility governing board, or any other public or private entity	1274
that operates a local detention facility at which a prisoner who	1275
is convicted of an offense and who is confined in the facility	1276
under a sanction or term of imprisonment imposed under section	1277
2929.16, sections 2929.21 to 2929.28, or any other provision of	1278
the Revised Code may adopt, pursuant to section 307.93, 341.14,	1279
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or	1280
2947.19 of the Revised Code, a policy that requires the prisoner	1281
to pay all or part of the costs of confinement in that facility.	1282
If a board of county commissioners, legislative authority,	1283
corrections commission, judicial correctionsfacility governing	1284
board, or other entity adopts a policy for a facility pursuant to	1285
one of those sections, the person in charge of that facility shall	1286
appoint a reimbursement coordinator to administer the facility's	1287
policy.	1288

The costs of confinement may include, but are not limited to,	1289
the costs of repairing property damaged by the prisoner while	1290
confined, a per diem fee for room and board, medical and dental	1291
treatment costs, the fee for a random drug test assessed under	1292
division (E) of section 341.26 and division (E) of section 753.33	1293
of the Revised Code, and a one-time reception fee for the costs of	1294
processing the prisoner into the facility at the time of the	1295
prisoner's initial entry into the facility under the confinement	1296
in question, minus any fees deducted under section 2929.38 of the	1297
Revised Code. Any policy adopted under this section shall be used	1298
when a court does not order reimbursement of confinement costs	1299
under section 2929.18 or 2929.28 of the Revised Code. The amount	1300
assessed under this section shall not exceed the total amount that	1301
the prisoner is able to pay.	1302

(B)(1) Each prisoner covered by a repayment policy adopted as	1303
described in division (A) of this section shall receive at the end	1304
of the prisoner's confinement an itemized bill of the expenses to	1305
be reimbursed. The policy shall allow periodic payments on a	1306
schedule to be implemented upon a prisoner's release. The bill	1307
also shall state that payment shall be made to the person	1308
identified in the bill as the reimbursement coordinator and	1309
include a notice that specifies that the prisoner has thirty days	1310
in which to dispute the bill by filing a written objection with	1311
the reimbursement coordinator and that if the prisoner does not	1312
dispute the bill in that manner within that period, the prisoner	1313
is required to pay the bill and a certificate of judgment may be	1314
obtained against the prisoner for the amount of the unpaid	1315
expenses. The prisoner shall sign a copy of the bill, and the	1316
reimbursement coordinator shall retain that copy. If the prisoner	1317
disputes an item on the bill within thirty days after receiving	1318
the bill, the reimbursement coordinator may either concede the	1319
disputed item or proceed to a hearing under division (B)(2) of	1320
this section.	1321

(2) If the prisoner disputes an item on an itemized bill	1322
presented to the prisoner under division (B)(1) of this section	1323
and the reimbursement coordinator does not concede the item, the	1324
reimbursement coordinator shall submit the bill to the court, and	1325
the court shall hold a hearing on the disputed items in the bill.	1326
At the end of the hearing, the court shall determine how much of	1327
the disputed expenses the prisoner shall reimburse the legislative	1328
authority or managing authority and shall issue a judgment in	1329
favor of the legislative authority or managing authority for any	1330
undisputed expenses and the amount of the disputed expenses for	1331
which the prisoner must reimburse the legislative authority or	1332
managing authority. The reimbursement coordinator shall not seek	1333
to enforce the judgment until at least ninety days after the court	1334
issues the judgment.	1335

(C) If a prisoner does not dispute the itemized bill	1336
presented to the prisoner under division (B) of this section and	1337
does not pay the bill within ninety days, the reimbursement	1338
coordinator shall send by mail a notice to the prisoner requesting	1339
payment of the expenses as stated in the bill. If the prisoner	1340
does not respond to the notice by paying the expenses in full	1341
within thirty days of the date the notice was mailed, the	1342
reimbursement coordinator shall send by mail a second notice to	1343
the prisoner requesting payment of the expenses. If one hundred	1344
eighty days elapse from the date that the reimbursement	1345
coordinator provides the bill and if the prisoner has not paid the	1346
full amount of the expenses pursuant to the bill and the notices,	1347
the reimbursement coordinator may notify the clerk of the	1348
appropriate court of those facts, and the clerk may issue a	1349
certificate of judgment against the prisoner for the balance of	1350
the expenses remaining unpaid.	1351

(D) The reimbursement coordinator may collect any amounts	1352
remaining unpaid on an itemized bill and any costs associated with	1353
the enforcement of the judgment and may enter into a contract with	1354
one or more public agencies or private vendors to collect any	1355
amounts remaining unpaid. For enforcing a judgment issued under	1356
this section, the reimbursement coordinator may assess an	1357
additional poundage fee of two per cent of the amount remaining	1358
unpaid and may collect costs associated with the enforcement of	1359
the judgment.	1360

(E) Neither the reimbursement coordinator nor the legislative	1361
authority or the managing authority shall enforce any judgment	1362
obtained under this section by means of execution against the	1363
prisoner's homestead. Any reimbursement received under this	1364
section shall be credited to the general fund of the treasury of	1365
the political subdivision that incurred the expense, to be used	1366
for general fund purposes.	1367

Sec. 2929.38. (A) A board of commissioners of a county, in an	1368
agreement with the sheriff, a legislative authority of a municipal	1369
corporation, a corrections commission, a judicial corrections	1370
facility governing board, or any other public or private entity	1371
that operates a local detention facility described in division (A)	1372
of section 2929.37 of the Revised Code, may establish a policy	1373
that requires any prisoner who is confined in the facility as a	1374
result of pleading guilty to or having been convicted of an	1375
offense to pay a one-time reception fee for the costs of	1376
processing the prisoner into the facility at the time of the	1377
prisoner's initial entry into the facility under the confinement	1378
in question, to pay a reasonable fee for any medical or dental	1379
treatment or service requested by and provided to that prisoner,	1380
and to pay the fee for a random drug test assessed under division	1381
(E) of section 341.26, and division (E) of section 753.33 of the	1382
Revised Code. The fee for the medical treatment or service shall	1383
not exceed the actual cost of the treatment or service provided.	1384
No prisoner confined in the local detention facility shall be	1385
denied any necessary medical care because of inability to pay the	1386
fees.	1387

(B) Upon assessment of a one-time reception fee as described	1388
in division (A) of this section, the provision of the requested	1389
medical treatment or service, or the assessment of a fee for a	1390
random drug test, payment of the required fee may be automatically	1391
deducted from the prisoner's inmate account in the business office	1392
of the local detention facility in which the prisoner is confined.	1393
If there is no money in the account, a deduction may be made at a	1394
later date during the prisoner's confinement if the money becomes	1395
available in the account. If, after release, the prisoner has an	1396
unpaid balance of those fees, the sheriff, legislative authority	1397
of the municipal corporation, corrections commission, judicial	1398
correctionsfacility governing board, or other entity that	1399
operates the local detention facility described in division (A) of	1400
section 2929.37 of the Revised Code may bill the prisoner for the	1401
payment of the unpaid fees. Fees received for medical or dental	1402
treatment or services shall be paid to the commissary fund or	1403
resident program fund of a community-based correctional facility,	1404
if one exists for the facility, or if no commissary fund or	1405
resident program fund exists, to the general fund of the treasury	1406
of the political subdivision that incurred the expenses, in the	1407
same proportion as those expenses were borne by the political	1408
subdivision. Fees received for medical treatment or services that	1409
are placed in the commissary fund or resident program fund under	1410
this division shall be used for the same purposes as profits from	1411
the commissary fund or resident program fund, except that they	1412
shall not be used to pay any salary or benefits of any person who	1413
works in or is employed for the sole purpose of providing service	1414
to the commissary.	1415

(C) Any fee paid by a person under this section shall be	1416
deducted from any medical or dental costs that the person is	1417
ordered to reimburse under a financial sanction imposed pursuant	1418
to section 2929.28 of the Revised Code or to repay under a policy	1419
adopted under section 2929.37 of the Revised Code.	1420

(D) As used in this section, "inmate account" has the same	1421
meaning as in section 2969.21 of the Revised Code.	1422

Sec. 5120.031.  (A) As used in this section:

1423

(1) "Certificate of high school equivalence" means a	1424
statement that is issued by the state board of education or an	1425
equivalent agency of another state and that indicates that its	1426
holder has achieved the equivalent of a high school education as	1427
measured by scores obtained on the tests of general educational	1428
development published by the American council on education.	1429

(2) "Certificate of adult basic education" means a statement	1430
that is issued by the department of rehabilitation and correction	1431
through the Ohio central school system approved by the state board	1432
of education and that indicates that its holder has achieved a 6.0	1433
grade level, or higher, as measured by scores of nationally	1434
standardized or recognized tests.	1435

(3) "Deadly weapon" and "firearm" have the same meanings as	1436
in section 2923.11 of the Revised Code.	1437

(4) "Eligible offender" means a person, other than one who is	1438
ineligible to participate in an intensive program prison under the	1439
criteria specified in section 5120.032 of the Revised Code, who	1440
has been convicted of or pleaded guilty to, and has been sentenced	1441
for, a felony.	1442

(5) "Shock incarceration" means the program of incarceration	1443
that is established pursuant to the rules of the department of	1444
rehabilitation and correction adopted under this section.	1445

(B)(1) The director of rehabilitation and correction, by	1446
rules adopted under Chapter 119. of the Revised Code, shall	1447
establish a pilot program of shock incarceration that may be used	1448
for offenders who are sentenced to serve a term of imprisonment	1449
under the custody of the department of rehabilitation and	1450
correction, whom the department determines to be eligible	1451
offenders, and whom the department, subject to the approval of the	1452
sentencing judge, may permit to serve their sentence as a sentence	1453
of shock incarceration in accordance with this section.	1454

(2) The rules for the pilot program shall require that the	1455
program be established at an appropriate state correctional	1456
institution designated by the director and that the program	1457
consist of both of the following for each eligible offender whom	1458
the department, with the approval of the sentencing judge, permits	1459
to serve the eligible offender's sentence as a sentence of shock	1460
incarceration:	1461

(a) A period of imprisonment at that institution of ninety	1462
days that shall consist of a military style combination of	1463
discipline, physical training, and hard labor and substance abuse	1464
education, employment skills training, social skills training, and	1465
psychological treatment. During the ninety-day period, the	1466
department may permit an eligible offender to participate in a	1467
self-help program. Additionally, during the ninety-day period, an	1468
eligible offender who holds a high school diploma or a certificate	1469
of high school equivalence may be permitted to tutor other	1470
eligible offenders in the shock incarceration program. If an	1471
eligible offender does not hold a high school diploma or	1472
certificate of high school equivalence, the eligible offender may	1473
elect to participate in an education program that is designed to	1474
award a certificate of adult basic education or an education	1475
program that is designed to award a certificate of high school	1476
equivalence to those eligible offenders who successfully complete	1477
the education program, whether the completion occurs during or	1478
subsequent to the ninety-day period. To the extent possible, the	1479
department shall use as teachers in the education program persons	1480
who have been issued a license pursuant to sections 3319.22 to	1481
3319.31 of the Revised Code, who have volunteered their services	1482
to the education program, and who satisfy any other criteria	1483
specified in the rules for the pilot project.	1484

(b) Immediately following the ninety-day period of	1485
imprisonment, and notwithstanding any other provision governing	1486
the early release of a prisoner from imprisonment or the transfer	1487
of a prisoner to transitional control, one of the following, as	1488
determined by the director:	1489

(i) An intermediate, transitional type of detention for the	1490
period of time determined by the director and, immediately	1491
following the intermediate, transitional type of detention, a	1492
release under a post-release control sanction imposed in	1493
accordance with section 2967.28 of the Revised Code. The period of	1494
intermediate, transitional type of detention imposed by the	1495
director under this division may be in a halfway house, in a	1496
community-based correctional facility and program or district	1497
community-based correctional facility and program established	1498
under sections 2301.51 to 2301.562301.58 of the Revised Code, or	1499
in any other facility approved by the director that provides for	1500
detention to serve as a transition between imprisonment in a state	1501
correctional institution and release from imprisonment.	1502

(ii) A release under a post-release control sanction imposed	1503
in accordance with section 2967.28 of the Revised Code.	1504

(3) The rules for the pilot program also shall include, but	1505
are not limited to, all of the following:	1506

(a) Rules identifying the locations within the state	1507
correctional institution designated by the director that will be	1508
used for eligible offenders serving a sentence of shock	1509
incarceration;	1510

(b) Rules establishing specific schedules of discipline,	1511
physical training, and hard labor for eligible offenders serving a	1512
sentence of shock incarceration, based upon the offender's	1513
physical condition and needs;	1514

(c) Rules establishing standards and criteria for the	1515
department to use in determining which eligible offenders the	1516
department will permit to serve their sentence of imprisonment as	1517
a sentence of shock incarceration;	1518

(d) Rules establishing guidelines for the selection of	1519
post-release control sanctions for eligible offenders;	1520

(e) Rules establishing procedures for notifying sentencing	1521
courts of the performance of eligible offenders serving their	1522
sentences of imprisonment as a sentence of shock incarceration;	1523

(f) Any other rules that are necessary for the proper conduct	1524
of the pilot program.	1525

(C)(1) If an offender is sentenced to a term of imprisonment	1526
under the custody of the department, if the sentencing court	1527
either recommends the offender for placement in a program of shock	1528
incarceration under this section or makes no recommendation on	1529
placement of the offender, and if the department determines that	1530
the offender is an eligible offender for placement in a program of	1531
shock incarceration under this section, the department may permit	1532
the eligible offender to serve the sentence in a program of shock	1533
incarceration, in accordance with division (K) of section 2929.14	1534
of the Revised Code, with this section, and with the rules adopted	1535
under this section. If the sentencing court disapproves placement	1536
of the offender in a program of shock incarceration, the	1537
department shall not place the offender in any program of shock	1538
incarceration.	1539

If the sentencing court recommends the offender for placement	1540
in a program of shock incarceration and if the department	1541
subsequently places the offender in the recommended program, the	1542
department shall notify the court of the offender's placement in	1543
the recommended program and shall include with the notice a brief	1544
description of the placement.	1545

If the sentencing court recommends placement of the offender	1546
in a program of shock incarceration and the department for any	1547
reason does not subsequently place the offender in the recommended	1548
program, the department shall send a notice to the court	1549
indicating why the offender was not placed in the recommended	1550
program.	1551

If the sentencing court does not make a recommendation on the	1552
placement of an offender in a program of shock incarceration and	1553
if the department determines that the offender is an eligible	1554
offender for placement in a program of that nature, the department	1555
shall screen the offender and determine if the offender is suited	1556
for the program of shock incarceration. If the offender is suited	1557
for the program of shock incarceration, at least three weeks prior	1558
to permitting an eligible offender to serve the sentence in a	1559
program of shock incarceration, the department shall notify the	1560
sentencing court of the proposed placement of the offender in the	1561
program and shall include with the notice a brief description of	1562
the placement. The court shall have ten days from receipt of the	1563
notice to disapprove the placement. If the sentencing court	1564
disapproves of the placement, the department shall not permit the	1565
eligible offender to serve the sentence in a program of shock	1566
incarceration. If the judge does not timely disapprove of	1567
placement of the offender in the program of shock incarceration,	1568
the department may proceed with plans for placement of the	1569
offender.	1570

If the department determines that the offender is not	1571
eligible for placement in a program of shock incarceration, the	1572
department shall not place the offender in any program of shock	1573
incarceration.	1574

(2) If the department permits an eligible offender to serve	1575
the eligible offender's sentence of imprisonment as a sentence of	1576
shock incarceration and the eligible offender does not	1577
satisfactorily complete the entire period of imprisonment	1578
described in division (B)(2)(a) of this section, the offender	1579
shall be removed from the pilot program for shock incarceration	1580
and shall be required to serve the remainder of the offender's	1581
sentence of imprisonment imposed by the sentencing court as a	1582
regular term of imprisonment. If the eligible offender commences a	1583
period of post-release control described in division (B)(2)(b) of	1584
this section and violates the conditions of that post-release	1585
control, the eligible offender shall be subject to the provisions	1586
of sections 2929.141, 2967.15, and 2967.28 of the Revised Code	1587
regarding violation of post-release control sanctions.	1588

(3) If an eligible offender's stated prison term expires at	1589
any time during the eligible offender's participation in the shock	1590
incarceration program, the adult parole authority shall terminate	1591
the eligible offender's participation in the program and shall	1592
issue to the eligible offender a certificate of expiration of the	1593
stated prison term.	1594

(D) The director shall keep sentencing courts informed of the	1595
performance of eligible offenders serving their sentences of	1596
imprisonment as a sentence of shock incarceration, including, but	1597
not limited to, notice of eligible offenders who fail to	1598
satisfactorily complete their entire sentence of shock	1599
incarceration or who satisfactorily complete their entire sentence	1600
of shock incarceration.	1601

(E) Within a reasonable period of time after November 20,	1602
1990, the director shall appoint a committee to search for one or	1603
more suitable sites at which one or more programs of shock	1604
incarceration, in addition to the pilot program required by	1605
division (B)(1) of this section, may be established. The search	1606
committee shall consist of the director or the director's	1607
designee, as chairperson; employees of the department of	1608
rehabilitation and correction appointed by the director; and any	1609
other persons that the director, in the director's discretion,	1610
appoints. In searching for such sites, the search committee shall	1611
give preference to any site owned by the state or any other	1612
governmental entity and to any existing structure that reasonably	1613
could be renovated, enlarged, converted, or remodeled for purposes	1614
of establishing such a program. The search committee shall prepare	1615
a report concerning its activities and, on the earlier of the day	1616
that is twelve months after the first day on which an eligible	1617
offender began serving a sentence of shock incarceration under the	1618
pilot program or January 1, 1992, shall file the report with the	1619
president and the minority leader of the senate, the speaker and	1620
the minority leader of the house of representatives, the members	1621
of the senate who were members of the senate judiciary committee	1622
in the 118th general assembly or their successors, and the members	1623
of the house of representatives who were members of the select	1624
committee to hear drug legislation that was established in the	1625
118th general assembly or their successors. Upon the filing of the	1626
report, the search committee shall terminate. The report required	1627
by this division shall contain all of the following:	1628

(1) A summary of the process used by the search committee in	1629
performing its duties under this division;	1630

(2) A summary of all of the sites reviewed by the search	1631
committee in performing its duties under this division, and the	1632
benefits and disadvantages it found relative to the establishment	1633
of a program of shock incarceration at each such site;	1634

(3) The findings and recommendations of the search committee	1635
as to the suitable site or sites, if any, at which a program of	1636
shock incarceration, in addition to the pilot program required by	1637
division (B)(1) of this section, may be established.	1638

(F) The director periodically shall review the pilot program	1639
for shock incarceration required to be established by division	1640
(B)(1) of this section. The director shall prepare a report	1641
relative to the pilot program and, on the earlier of the day that	1642
is twelve months after the first day on which an eligible offender	1643
began serving a sentence of shock incarceration under the pilot	1644
program or January 1, 1992, shall file the report with the	1645
president and the minority leader of the senate, the speaker and	1646
the minority leader of the house of representatives, the members	1647
of the senate who were members of the senate judiciary committee	1648
in the 118th general assembly or their successors, and the members	1649
of the house of representatives who were members of the select	1650
committee to hear drug legislation that was established in the	1651
118th general assembly or their successors. The pilot program	1652
shall not terminate at the time of the filing of the report, but	1653
shall continue in operation in accordance with this section. The	1654
report required by this division shall include all of the	1655
following:	1656

(1) A summary of the pilot program as initially established,	1657
a summary of all changes in the pilot program made during the	1658
period covered by the report and the reasons for the changes, and	1659
a summary of the pilot program as it exists on the date of	1660
preparation of the report;	1661

(2) A summary of the effectiveness of the pilot program, in	1662
the opinion of the director and employees of the department	1663
involved in its operation;	1664

(3) An analysis of the total cost of the pilot program, of	1665
its cost per inmate who was permitted to serve a sentence of shock	1666
incarceration and who served the entire sentence of shock	1667
incarceration, and of its cost per inmate who was permitted to	1668
serve a sentence of shock incarceration;	1669

(4) A summary of the standards and criteria used by the	1670
department in determining which eligible offenders were permitted	1671
to serve their sentence of imprisonment as a sentence of shock	1672
incarceration;	1673

(5) A summary of the characteristics of the eligible	1674
offenders who were permitted to serve their sentence of	1675
imprisonment as a sentence of shock incarceration, which summary	1676
shall include, but not be limited to, a listing of every offense	1677
of which any such eligible offender was convicted or to which any	1678
such eligible offender pleaded guilty and in relation to which the	1679
eligible offender served a sentence of shock incarceration, and	1680
the total number of such eligible offenders who were convicted of	1681
or pleaded guilty to each such offense;	1682

(6) A listing of the number of eligible offenders who were	1683
permitted to serve a sentence of shock incarceration and who did	1684
not serve the entire sentence of shock incarceration, and, to the	1685
extent possible, a summary of the length of the terms of	1686
imprisonment served by such eligible offenders after they were	1687
removed from the pilot program;	1688

(7) A summary of the effect of the pilot program on	1689
overcrowding at state correctional institutions;	1690

(8) To the extent possible, an analysis of the rate of	1691
recidivism of eligible offenders who were permitted to serve a	1692
sentence of shock incarceration and who served the entire sentence	1693
of shock incarceration;	1694

(9) Recommendations as to legislative changes to the pilot	1695
program that would assist in its operation or that could further	1696
alleviate overcrowding at state correctional institutions, and	1697
recommendations as to whether the pilot program should be	1698
expanded.	1699

Sec. 5120.111.  With respect to community-based correctional	1700
facilities and programs and district community-based correctional	1701
facilities and programs authorized under section 2301.51 of the	1702
Revised Code, the department of rehabilitation and correction	1703
shall do all of the following:	1704

(A) Adopt rules, under Chapter 119. of the Revised Code, that	1705
serve as criteria for the operation of community-based	1706
correctional facilities and programs and district community-based	1707
correctional facilities and programs approved in accordance with	1708
sections 2301.51 and 5120.10 of the Revised Code;	1709

(B) Adopt rules, under Chapter 119. of the Revised Code,	1710
prescribing the minimum educational and experience requirements	1711
that must be satisfied by persons who staff and operate the	1712
facilities and programs;	1713

(C) Adopt rules, under Chapter 119. of the Revised Code,	1714
governing the procedures for the submission of proposals for the	1715
establishment of community-based correctional facilities and	1716
programs and district community-based correctional facilities and	1717
programs to the division of parole and community services under	1718
division (B) of section 2301.51 of the Revised Code;	1719

(D)(C) Prescribe forms that are to be used by judicial	1720
correctionsfacility governing boards of community-based	1721
correctional facilities and programs and district community-based	1722
correctional facilities and programs in making application for	1723
state financial assistance under section 2301.56 of the Revised	1724
Code and that include a requirement that the applicant estimate	1725
the number of offenders that will be committed or referred to a	1726
facility and program and that the facility and program will serve	1727
in the year of application;	1728

(E)(D) Adopt rules, under Chapter 119. of the Revised Code,	1729
that prescribe the standards of operation and the training and	1730
qualifications of persons who staff and operatefor the facilities	1731
and programs and that must be satisfied for the facilities and	1732
programs to be eligible for state financial assistance. The	1733
standards prescribed shall include, but shall not be limited to,	1734
the minimum requirements that each proposal submitted for approval	1735
to the division of parole and community services, as contained in	1736
section 2301.52 of the Revised Code, must satisfy for approval.;	1737

(F)(E) Through the division of parole and community services,	1738
accept and review proposals for the establishment of the	1739
facilities and programs and approve those proposals that satisfy	1740
the minimum requirements contained in section 2301.52 of the	1741
Revised Code; and administer the program for state financial	1742
assistance to the facilities and programs in accordance with	1743
section 5120.112 of the Revised Code.	1744

Sec. 5120.112.  (A) The division of parole and community	1745
services shall accept applications for state financial assistance	1746
for the renovation, maintenance, and operation of proposed and	1747
approved community-based correctional facilities and programs and	1748
district community-based correctional facilities and programs that	1749
are filed in accordance with section 2301.56 of the Revised Code.	1750
The division, upon receipt of an application for a particular	1751
facility and program, shall determine whether the application is	1752
in proper form, whether the applicant satisfies the standards of	1753
operation and training and qualifications of personnel that are	1754
prescribed by the department of rehabilitation and correction	1755
under section 5120.111 of the Revised Code, whether the applicant	1756
has established the facility and program, and, if the applicant	1757
has not at that time established the facility and program, whether	1758
the proposal of the applicant sufficiently indicates that the	1759
standards will be satisfied upon the establishment of the facility	1760
and program. If the division determines that the application is in	1761
proper form and that the applicant has satisfied or will satisfy	1762
the standards of the department, the division shall notify the	1763
applicant that it is qualified to receive state financial	1764
assistance for the facility and program under this section from	1765
moneys made available to the division for purposes of providing	1766
assistance to community-based correctional facilities and programs	1767
and district community-based correctional facilities and programs.	1768

(B) The amount of state financial assistance that is granted	1769
awarded to a qualified applicant under this section shall be	1770
determined by the division of parole and community services in	1771
accordance with this division. The division shall adopt a formula	1772
to determine the allocation of state financial assistance to	1773
qualified applicants. The formula shall provide for funding that	1774
is based upon a set fee to be paid to an applicant per person	1775
committed or referred in the year of application. In no case shall	1776
the set feeIn determining the amount of state financial	1777
assistance to be awarded to a qualified applicant under this	1778
section, the division shall not calculate the cost of an offender	1779
incarcerated in a community-based correctional facility and	1780
program or district community-based correctional facility program	1781
to be greater than the average yearly cost of incarceration per	1782
inmate in all state correctional institutions, as defined in	1783
section 2967.01 of the Revised Code, as determined by the	1784
department of rehabilitation and correction.	1785

The times and manner of distribution of state financial	1786
assistance to be grantedawarded to a qualified applicant under	1787
this section shall be determined by the division of parole and	1788
community services.	1789

(C) Upon approval of a proposal for a community-based	1790
correctional facility and program or a district community-based	1791
correctional facility and program by the division of parole and	1792
community services, the facility governing board, upon the advice	1793
of the judicial advisory board, shall enter into an award	1794
agreement with the department of rehabilitation and correction	1795
that outlines terms and conditions of the agreement on an annual	1796
basis. In the award agreement, the facility governing board shall	1797
identify a fiscal agent responsible for the deposit of funds and	1798
compliance with sections 2301.55 and 2301.56 of the Revised Code.	1799

(D) No state financial assistance shall be distributed to a	1800
qualified applicant until an agreement concerning the assistance	1801
has been entered into by the director of rehabilitation and	1802
correction and the deputy director of the division of parole and	1803
community services on the part of the state, and by the chairman	1804
chairperson of the judicial correctionsfacility governing board	1805
of the community-based correctional facility and program or	1806
district community-based correctional facility and program to	1807
receive the financial assistance, whichever is applicable. The	1808
agreement shall be effective for a period of one year from the	1809
date of the agreement and shall specify all terms and conditions	1810
that are applicable to the grantingawarding of the assistance,	1811
including, but not limited to:	1812

(1) The total amount of assistance to be grantedawarded for	1813
each community-based correctional facility and program or district	1814
community-based correctional facility and program, and the times	1815
and manner of the payment of the assistance;	1816

(2) How persons who will staff and operate the facility and	1817
program are to be utilized during the period for which the	1818
assistance is to be granted, including descriptions of their	1819
positions and duties, their salaries and fringe benefits, and	1820
their job qualifications and classifications;	1821

(3) A statement that none of the persons who will staff and	1822
operate the facility and program, including those who are	1823
receiving some or all of their salaries out of funds received by	1824
the facility and program as state financial assistance, are	1825
employees or are to be considered as being employees of the	1826
department of rehabilitation and correction, and a statement that	1827
the employees who will staff and operate that facility and program	1828
are employees of the facility and program;	1829

(4) A list of the type of expenses, other than salaries of	1830
persons who will staff and operate the facility and program, for	1831
which the state financial assistance can be used, and a	1832
requirement that purchases made with funds received as state	1833
financial assistance be made through the use of competitive	1834
biddingfollow established fiscal guidelines as determined by the	1835
division of parole and community services and any applicable	1836
sections of the Revised Code;	1837

(5) The accounting procedures that are to be used by the	1838
facility and program in relation to the state financial	1839
assistance;	1840

(6) A requirement that the facility and program file	1841
quarterly reports, during the period that it receives state	1842
financial assistance, with the division of parole and community	1843
services, which reports shall be statistical in nature and shall	1844
contain that information required under a research design agreed	1845
upon by all parties to the agreement, for purposes of evaluating	1846
the facility and program;	1847

(7) A requirement that the facility and program comply with	1848
all of the standards of operation and training and qualifications	1849
of personnelas prescribed by the department under section	1850
5120.111 of the Revised Code, and with all information submitted	1851
on its application;	1852

(8) A statement that the facility and program will attempt to	1853
accept and treat at least fifteen per cent of the eligible adult	1854
felony offenders sentenced in the county or counties it serves	1855
during the period that it receives state financial assistance;	1856

(9) A statement that the facility and program will make a	1857
reasonable effort to augment the funding received from the state.	1858

(D)(E)(1) No state financial assistance shall be distributed	1859
to a qualified applicant until its proposal for a community-based	1860
correctional facility and program or district community-based	1861
correctional facility and program has been approved by the	1862
division of parole and community services.	1863

(2) State financial assistance may be denied to any applicant	1864
if it fails to comply with the terms of any agreement entered into	1865
pursuant to division (C)(D) of this section.	1866

Sec. 5149.34.  (A)(1) If a county desires to receive a	1867
subsidy from a subsidy program established under division (A) of	1868
section 5149.31 of the Revised Code for community corrections	1869
programs as described in division (B) of that section, the board	1870
of county commissioners of the county shall establish, by a	1871
resolution as described in this division, and maintain a local	1872
corrections planning board that, except as provided in division	1873
(A)(2) of this section, shall include an administrator of a	1874
county, multicounty, municipal, municipal-county, or	1875
multicounty-municipal jail or workhouse located in the county, a	1876
county commissioner of that county, a judge of the court of common	1877
pleas of that county, a judge of a municipal court or county court	1878
of that county, an attorney whose practice of law primarily	1879
involves the representation of criminal defendants, the chief law	1880
enforcement officer of the largest municipal corporation located	1881
in the county, the county sheriff, one or more prosecutors, as	1882
defined in section 2935.01 of the Revised Code, one or more	1883
representatives of the public, one of whom shall be a victim of	1884
crime, one or more additional representatives of the law	1885
enforcement community, one or more additional representatives of	1886
the judiciary, one or more additional representatives of the field	1887
of corrections, and officials from the largest municipal	1888
corporation located in the county. A majority of the members of	1889
the board shall be employed in the adult criminal justice field.	1890
At least two members of the board shall be members of the largest	1891
racial minority population, if any, in the county, and at least	1892
two other members of the board shall be women. The resolution	1893
shall state the number and nature of the members, the duration of	1894
their terms, the manner of filling vacancies on the board, and the	1895
compensation, if any, that members are to receive. The board of	1896
county commissioners also may specify, as part of the resolution,	1897
any other duties the local corrections planning board is to	1898
assume.	1899

(2) If, for good cause shown, including, but not limited to,	1900
the refusal of a specified individual to serve on a local	1901
corrections planning board, a particular county is not able to	1902
satisfy the requirements specified in division (A)(1) of this	1903
section for the composition of such a board, the director of	1904
rehabilitation and correction may waive the requirements to the	1905
extent necessary and approve a composition for the board that	1906
otherwise is consistent with the requirements.	1907

(B) Each local corrections planning board established	1908
pursuant to division (A) of this section shall adopt within	1909
eighteen months after its establishment, and from time to time	1910
shall revise, a comprehensive plan for the development,	1911
implementation, and operation of corrections services in the	1912
county. The plan shall be adopted and revised after consideration	1913
has been given to the impact that it will have or has had on the	1914
populations of state correctional institutions and county,	1915
multicounty, municipal, municipal-county, or multicounty-municipal	1916
jails or workhouses in the county, and shall be designed to unify	1917
or coordinate corrections services in the county and to reduce the	1918
number of persons committed, consistent with the standards adopted	1919
under division (B) of section 5149.31 of the Revised Code, from	1920
that county to state correctional institutions and to county,	1921
multicounty, municipal, municipal-county, or multicounty-municipal	1922
jails or workhouses. The plan and any revisions to the plan shall	1923
be submitted to the board of county commissioners of the county in	1924
which the local corrections planning board is located for	1925
approval.	1926

If a county has a community-based correctional facility and	1927
program established in accordance with sections 2301.51 to 2301.56	1928
2301.58 of the Revised Code, the budgets of the facility and	1929
program shall not be subject to approval by the local corrections	1930
planning board, but instead shall continue to be determined in	1931
accordance with those sections. However, the local corrections	1932
planning board shall include the facility and program as part of	1933
the comprehensive plan adopted and revised pursuant to this	1934
division.	1935

Section 2. That existing sections 2152.20, 2301.51, 2301.52,	1936
2301.55, 2301.56, 2301.57, 2929.01, 2929.34, 2929.37, 2929.38,	1937
5120.031, 5120.111, 5120.112, and 5149.34 and sections 2301.53,	1938
2301.54 and 2301.58 of the Revised Code are hereby repealed.	1939

Section 3. The amendment of sections 2301.51, 2301.52,	1940
2301.55, 2301.56, and 2301.57, the repeal of sections 2301.53,	1941
2301.54, and 2301.58, and the enactment of new section 2301.58 of	1942
the Revised Code by this act does not change the status of any	1943
officer or employee of a community-based correctional facility and	1944
program or district community-based correctional facility and	1945
program in the public employees retirement system. It is the	1946
intent of the General Assembly in amending sections 2301.51,	1947
2301.52, 2301.55, 2301.56, and 2301.57, repealing sections	1948
2301.53, 2301.54, and 2301.58, and enacting new section 2301.58 of	1949
the Revised Code to ensure membership in the public employees	1950
retirement system for officers and employees of publicly operated	1951
community-based correctional facilities and programs and district	1952
community-based correctional facilities and programs and not to	1953
add to the category of employees eligible for membership in the	1954
public employees retirement system.	1955

Section 4.  Section 2301.56 of the Revised Code is presented	1956
in this act as a composite of the section as amended by both Am.	1957
Sub. H.B. 490 and Sub. H.B. 510 of the 124th General Assembly. The	1958
General Assembly, applying the principle stated in division (B) of	1959
section 1.52 of the Revised Code that amendments are to be	1960
harmonized if reasonably capable of simultaneous operation, finds	1961
that the composite is the resulting version of the section in	1962
effect prior to the effective date of the section as presented in	1963
this act.	1964